The Flag Code of India provides that the National Flag may be flown at half-mast only as a mark of State mourning on the death of specified dignitaries and only in accordance with instructions issued by the Government of India. The recent sighting of the National Flag atop Sarania Hills, Guwahati, flying at half-mast has drawn public attention to these provisions.

In Union of India v. Naveen Jindal (2004), the Supreme Court held that flying the National Flag with dignity is part of the fundamental right to freedom of speech and expression under Article 19(1)(a), subject to the provisions of the Flag Code of India and other applicable laws.

APSC Relevance: Polity; Governance.

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